Clean Tech in Court: Green Patent Complaint Update

Several green patent lawsuits have been filed in the last two weeks in the areas of biofuels, energy storage, smart grid, LEDs and environmental remediation.

Biofuels

Genifuel Corporation et al. v. Oyler

This is an inventorship dispute over numerous patent applications relating to production of fuel and fertilizers from algae, including two that have issued as U.S. Patents Nos. 7,905,930 and 7,977,076.

In the complaint (Genifuel-Complaint), filed September 15, 2011 in the District of Utah, the Salt Lake City biomass-to-fuels company Genifuel requests an order declaring the defendant is not an inventor of the disputed IP.

Lester Electrical, a Nebraska industrial battery charger company, accuses Diversified Power of infringing U.S. Patent No. 6,114,833 (‘833 Patent). The ‘833 Patent is entitled “Monitoring and controlling system for battery and battery charger” and is directed to battery charging and control technology for battery-operated vehicles.

Limnia, Inc. v. Energy Conversion Devices, Inc. et al.

By this complaint (Limnia-Complaint), filed September 13, 2011 in the Central District of California, San Francisco-based hydrogen fuel cell maker Limnia asserts four patents (and, oddly, one pending patent application) against Energy Conversion Devices (ECD), United Technologies and AeroVironment.

In this declaratory judgment action (Dow-Cree_Complaint), filed September 27, 2011 in the Eastern District of Michigan, DCCSS requests judicial declarations of non-infringement and invalidity of three Cree patents relating to silicon carbide wafers used as precursors for semiconductors.

This complaint (TransData-Oklahoma_Complaint), filed September 16, 2011 in the Western District of Oklahoma, is the latest in a flurry of lawsuits by Texas smart meter company TransData against a number of utilities in the southeastern United States. Details on the other TransData suits can be found in a previous post.

The asserted patents are U.S. Patents Nos. 6,181,294 (‘294 Patent), 6,462,713 (‘713 Patent) and 6,903,699 (‘699 Patent), which relate to antenna and wireless communication devices for use with electric meters. The ‘294, ‘713 and ‘699 Patents are related patents which trace back to an original 1998 filing date. They describe early solutions for wireless transmission of electrical consumption data.

Proactive makes replaceable stainless steel motors for groundwater sampling equipment, and the plaintiffs accuse PES of infringing U.S. Patent No. 7,584,785, entitled “Groundwater sampling device” (‘785 Patent). The ‘785 Patent is directed to a replaceable internal electric motor for a groundwater sampling device, the motor including means to align it with an alignment pin of the groundwater sampling device.

The complaint also includes allegations of trademark infringement and counterfeiting based on U.S. trademark registrations for several marks, including PROACTIVE, PROACTIVE ENVIRONMENTAL PRODUCTS, MONSOON, TYPHOON and HURRICANE for motors and pumps.